How Do You Choose A Surrogacy Agency?

The first step in surrogacy is for the intended parent(s) to select a surrogate. The surrogate and intended parent(s) are screened to make sure they are healthy (both physically and emotionally) and able to participate in the surrogacy process. Once a surrogate is matched with the intended parent(s), the parties work with their separate attorneys to write, review, revise and sign the surrogacy agreement. This happens before the start of any medical procedures (other than screening tests.)

The surrogacy agreement describes the rights and responsibilities of the surrogate and the intended parent(s) and the promises (agreement) the parties are making to one another. New York State law is very specific about the requirements of the agreement (see Family Court Act § 581-403). Surrogacy matching programs and attorneys for the surrogate and intended parent(s) must ensure that all requirements are met under New York State law to ensure the agreement is legally binding and enforceable, and to best protect the interests and rights of all parties to the agreement.

After the surrogacy agreement is signed, an embryo can be transferred into the surrogate through IVF. IVF is a medical procedure where an egg is fertilized with sperm in a laboratory. This creates an embryo that is transferred into the surrogate’s uterus. The surrogate usually takes medication before the embryo is transferred. This makes the IVF procedure more likely to result in a pregnancy.

In New York State, the gestational surrogates have a right to the following, to be provided and paid for by the intended parent(s):

•  the right to comprehensive health insurance coverage.[1] This insurance must cover the surrogate through the entire surrogacy process, from the time the surrogate takes any medications before or after the embryo transfer, throughout the pregnancy, and for 12 months after the pregnancy ends (whether resulting in the child’s birth, stillbirth, or termination of the pregnancy);
•  a disability insurance policy.
•  a life insurance policy.
•  a comprehensive health insurance policy that covers mental health counseling; and
•  compensation for legal fees.

Surrogates also have the following rights under New York law:

•  the right to select a health care professional of their own choosing.
•  the right to terminate or continue the pregnancy.
•  the right to make health and welfare decisions about themselves and pregnancy, including the right to reduce or retain the number of fetuses or embryos they are carrying.
•  the right to receive compensation for the surrogacy, which must be held in escrow with an independent escrow agent; and
•  the right to be provided with a copy of the Surrogate’s Bill of Rights.

The gestational surrogacy agreement is a long document, and includes additional information related to the surrogacy process.

Surrogacy matching programs and attorneys for the surrogate and intended parent(s) must refer to the full legal requirements set forth in New York law, including but not limited to the requirements for a gestational surrogacy agreement, set forth in Family Court Act Article 5-C, Part 4, and the Surrogate’s Bill of Rights, set forth in Family Court Act Article 5-C, Part 6. The above lists are not intended to be exhaustive or serve as legal guidance.

Gestational surrogacy can be costly, and the price range varies. Costs can include legal fees, medical expenses, surrogacy agency fees, surrogate’s compensation (payments to a person acting as surrogate are limited to the duration of the pregnancy and a recuperative period of up to eight weeks after the birth of any child), and other miscellaneous expenses. Many surrogacy arrangements cost between $60,000 and $150,000.